Air passenger rights
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European Union (EU) action in the field of air transport aims in particular to ensure a high level of protection for passengers.
A common set of rules applies to air passenger compensation and assistance in the case of:
- denial of boarding
- cancellation of flights;
- significant delay of a flight.
At the same time, there are also certain rules and a specific protection of consumers with respect to package holidays and linked travel arrangements.
Travellers whose rights have been violated can file a complaint with the airline. If the airline fails to respond or if the response to the complaint is not provided to the client's satisfaction within 2 months, the complainant should then contact the Directorate for Consumer Protection (Direction de la protection des consommateurs).
Which European body is responsible for handling your complaint?
The Directorate for Consumer Protection is the competent authority in Luxembourg for the enforcement of Regulation (EC) No 261/2004 on air passengers rights.
- Competence of the Directorate for Consumer Protection
- Cases that do not fall within the competence of the Directorate for Consumer Protection
Departures from Luxembourg
In accordance with article 16 of Regulation (EC) No 261/2004, the Luxembourg Directorate for Consumer Protection handles complaints concerning:
- flights departing from Luxembourg airport; and
- flights from third countries bound directly to Luxembourg airport.
For more information about your rights and the procedure to follow in the event of a complaint, you can also visit the website of the Directorate for Consumer Protection.
The Luxembourg Directorate for Consumer Protection does not have jurisdiction in the following cases:
Departures from other EU countries
If your flight incident occurred on departure from a European Union (EU) Member State other than Luxembourg, the authorities of the country of departure are responsible for your complaint.
Please find the list of competent authorities on the website of the Directorate for Consumer Protection.
Departures from a non-EU country with a European airline
If your flight incident occurred on departure from a non-EU country and your flight is operated by a European airline, you should contact the competent authority in the country where the aircraft first landed after the incident.
Please find the list of competent authorities on the website of the Directorate for Consumer Protection.
Departures from a non-EU country with a non-European airline
If your flight incident occurred on departure from a non-EU country and your flight is operated by an airline based outside the EU, Regulation (EC) No 261/2004 does not apply. You may have rights under the laws of the country in which the company is registered.
The term 'EU' refers to the 27 Member States of the EU, including Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint Barthélemy, Saint Martin (French Antilles), the Azores, Madeira and the Canary Islands.
EU rules also apply to flights to and from Iceland, Norway and Switzerland.
For the United Kingdom, the out-of-court dispute resolution bodies are:
- AviationADR (Alternative Dispute Resolution for Aviation); and
- CEDR (Centre for Effective Dispute Resolution).
Which organisation you should contact depends on the airline. You can find more information about each organisation's areas of expertise on the AviationADR website.
Complaints can be submitted online via the website of the relevant organisation:
Who is concerned
Any traveller can assert their rights if:
- they are denied boarding;
- their flight is significantly delayed;
- their flight is cancelled.
The common rules for passenger compensation and assistance apply to:
- passengers departing from airports located within the EU;
- passengers:
- departing from an airport in a third country;
- bound for an airport in the EU;
- via an European airline.
These provisions do not apply to passengers who:
- travel for free;
- indirectly benefited from a reduced rate.
Prerequisites
For these rights to be applicable, travellers must:
- have a confirmed booking for the flight in question;
- have checked in:
- at the time specified by the airline in advance and in writing (including electronically); or
- if no time is specified, between 45 minutes and 2 hours before the departure time (depending on the airport).
How to proceed
Denial of boarding
Voluntarily surrendering one's booking
In case of a denial of boarding, the passenger has the possibility to accept the denial and to voluntarily waive his reservation in exchange for certain services to be agreed with the airline.
If a passenger voluntarily gives up their reservation, the airline must, in addition to the benefits to be agreed:
- refund the passenger's ticket at the purchase price:
- for the part(s) of the trip not made;
- for the part(s) of the trip already made and which has/have become useless taking into account the initial travel plan (with, if applicable, a free flight to the point of departure at the earliest opportunity); or
- re-route the passenger to their final destination by offering a replacement flight, under comparable transport conditions, at the earliest opportunity; or
- re-route the passenger to their final destination under comparable conditions and at a later date, subject to the availability of seats.
The airline must cover the cost of transfers between 2 airports or any other close destination agreed with the passenger, if:
- the final destination of the traveller is a city, town or area served by more than one airport;
- the airline offers the passenger a flight to different airport than originally planned.
Opting not to surrender one's booking voluntarily
In case of denied boarding, the traveller may refuse to renounce his reservation and, therefore, not to volunteer.
In such cases, the traveller is entitled to:
- the reimbursement of his ticket or the routing to his final destination under the same conditions as a traveller who volunteered;
- a compensation of:
- EUR 250 for flights up to 1,500 km;
- EUR 400 for flights within the EU of over 1,500 km, and for all other flights from 1,500 to 3,500 km;
- EUR 600 for flights outside the EU of over 3,500 km.
In addition, the amount of compensation to which travellers who do not voluntarily surrender their booking are entitled is reduced by 50 % if they are re-routed to their final destination on a flight other than the initial flight under the following conditions:
- for flights up to 1,500 km: if the difference between the time of arrival of the re-routed flight and the arrival time of the originally scheduled flight does not exceed 2 hours;
- for flights within the EU of over 1,500 km, and for all other flights of 1,500 to 3,500 km: if the difference between the time of arrival of the re-routed flight and the arrival time of the originally scheduled flight does not exceed 3 hours;
- for flights outside the EU of over 3,500 km: if the difference between the time of arrival of the re-routed flight and the arrival time of the originally scheduled flight does not exceed 4 hours;
The airline must also offer travellers:
- meals/snacks and refreshments;
- 2 telephone calls, telexes, faxes or emails;
- accommodation at a hotel (with transfer costs), in case a stay of one or more nights is required.
Cancelled flights
Compensation and assistance
If the flight is cancelled, the passenger can chose between:
- the refund of the original ticket price; or
- request a replacement flight under comparable conditions of transport at the earliest opportunity.
If the passenger was informed of the cancellation less than 2 weeks before the scheduled departure date, they are also entitled to a compensation which may vary between EUR 250 and 600:
- EUR 250 for flights up to 1,500 km;
- EUR 400 for flights within the EU of over 1,500 km, and for all other flights from 1,500 to 3,500 km;
- EUR 600 for flights outside the EU of over 3,500 km.
Airlines are not required to pay such compensation if they are able to prove that the cancellation was due to extraordinary circumstances.
The passenger is also entitled to a coverage of:
- refreshments;
- a meal;
- accommodation;
- 2 free phone calls.
If the coverage has not been offered when it should have been, the passenger can claim a reimbursement of the costs incurred from the air carrier, provided that the amounts spent are:
- necessary;
- appropriate;
- reasonable.
Delayed flights
If a flight is delayed, airlines are required to offer passengers certain services if they anticipate delays of:
- 2 hours or more for flights up to 1,500 km;
- 3 hours or more for flights within the EU of over 1,500 km, and for all other flights from 1,500 to 3,500 km;
- 4 hours or more for flights outside the EU of over 3,500 km.
- meals/snacks and refreshments;
- 2 telephone calls, telexes, faxes or emails.
If the delay is 5 hours or more, travellers are entitled to a refund of the ticket at the purchase price:
- for the part(s) of the trip not made;
- for the part(s) of the trip already made and which has/have become useless taking into account the initial travel plan (with, if applicable, a free flight to the point of departure at the earliest opportunity).
Compensation offered in the event of cancellation or denied boarding must also be given to passengers whose flight is delayed for 3 hours or more, unless the airline provides evidence that the delay is due to extraordinary circumstances.
If the delay requires an overnight stay, the airline must also provide accommodation at a hotel, with the transfer costs included.
Upgrades and downgrades
If the airline assigns a passenger to:
- a lower class than the one for which the ticket was purchased (downgrade), the passenger must be reimbursed within 7 days:
- 30 % of the ticket price for all flights of 1,500 km or less;
- 50 % of the ticket price for all flights within the EU of over 1,500 km—excluding flights between the European territories of the Member States and the French overseas departments—and for all other flights from 1,500 km to 3,500 km;
- 75 % of the ticket price for flights outside the EU of over 3,500 km;
- a higher class than the one for which the ticket was purchased (upgrade), the carrier cannot claim any supplement for this.
Priority is given to:
- people with special needs;
- unaccompanied children;
- people with reduced mobility and any person or certified guide dog accompanying them.
Disabled persons or persons with reduced mobility
A person who is disabled or has reduced mobility may not be denied boarding on account of their disability, except for:
- safety reasons; or
- specific technical reasons.
In this case, the person in question must be informed within 5 working days and an acceptable alternative solution must be proposed.
For organisational reasons, and to guarantee the delivery of the best possible service to disabled persons and persons with reduced mobility, it is strongly advised that the airport or the airline be informed of those specific needs (such as wheelchairs):
- as precisely as possible;
- at least 48 hours before the flight.
Lodging a complaint
If you are of the opinion that your rights have not been respected, you can file a complaint.
Air passenger rights simulator
Online services and forms
Who to contact
-
Ministry of Agriculture, Food and Viticulture Directorate for Consumer Protection
- Address:
-
271, route d’Arlon
L-1150
Luxembourg
Luxembourg
B.P. 119, L-2011 Luxembourg
- Phone:
- (+352) 247 73 700
- Email address:
- info@mpc.etat.lu
- Website:
- https://mpc.gouvernement.lu/en.html
-
European Consumer Centre EIG
- Address:
- 271, route d’Arlon L-1150 Luxembourg Luxembourg
- Phone:
- (+352) 26 84 64 1
- Fax:
- (+352) 26 84 57 61
- Email address:
- info@cecluxembourg.lu
The telephone helpdesk is open on Mondays, Wednesdays and Fridays from 9.00 to 12.00 and on Tuesdays and Thursdays from 9.00 to 16.00. Consultation by appointment
Related procedures and links
Procedures
Links
Further information
-
Air passenger rights
on Your Europe
-
Airport and airline security
on Your Europe
-
Rights for travellers with disabilities or reduced mobility
on the Your Europe portal
-
Air travel
on the website of the European Consumer Centre Luxembourg
-
Passenger rights
on the website of the Directorate for Consumer Protection
-
Which Airline’s are members of ADR schemes?
on the AviationADR website
-
Liste des autorités compétentes
sur le site de la Direction de la protection des consommateurs
-
Make an online complaint
on the AviationADR website
-
Resolving an issue with an airline
on the CEDR website
Legal references
-
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004
establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights
-
Loi du 25 avril 2018
portant modification du Code de la consommation en ce qui concerne les voyages à forfait et les prestations de voyages liées, et modifiant la loi modifiée du 2 septembre 2011 réglementant l’accès aux professions d’artisan, de commerçant, d’industriel ainsi qu’à certaines professions libérales
